1. Either way, the gap will be an issue.
2. Any time you cannot prove continuous employment, the extension of stay (I-94) can be denied.
3. You leave the US, obtain an H-1B visa stamp, and reenter with that stamp.
Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.Ask a similar question
I agree with Mr. Ferrari ... you have a 'gap' that can only be 'fixed' by leaving the US.
Do not talk to company HR people ... talk directly to the immigration lawyer that works with the company.
Again, do not talk to HR people .... unless they have a US law degree, they should not be giving out legal advice.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.Ask a similar question